IN THE CASE OF:	  

		BOARD DATE:	  13 March 2014

		DOCKET NUMBER:  AR20130010398 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that his failure to be awarded the Combat Infantryman Badge was an administrative oversight.  He is a Purple Heart and a Bronze Star Medal with "V" Device recipient and he had an 11B military occupational specialty (MOS).  He was assigned to an infantry unit when he was wounded in combat operations against an enemy force. 

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 24 July 1969, and his DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), dated 28 January 1970.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 26 February 1968.  He completed training as a light weapons infantryman.  He arrived in Vietnam on 25 January 1969 and was assigned to Company D, 1st Battalion, 26th Infantry, 1st Infantry Division.  He was wounded on 30 March 1969 while on a combat operation.

3.  The applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969

4.  On 19 April 1969, the applicant departed Vietnam en-route to the United States.

5.  The applicant was released from active duty on 24 July 1969 and was transferred to the Temporary Disability Retired List.  His DD Form 214 shows the following awards:

* Purple Heart
* Vietnam Campaign Medal
* Vietnam Service Medal
* National Defense Service Medal
* First Class Gunner Badge (M-60)
* Marksman Marksmanship Qualification Badge (Rifle M-16)
* Expert Marksmanship Qualification Badge (Rifle M-14)

6.  On 28 January 1970, the applicant's DD Form 214 was amended to add the Bronze Star Medal with "V" Device.

7.  His DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal.


8.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

	b.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by Department of the Army General Order Number 53, dated 1970.

11.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that the applicant is authorized award of the Combat Infantryman Badge.  He was assigned to an infantry unit and he held an infantry MOS.  He was wounded in action on 30 March 1969, while he was on a combat operation and he was awarded the Purple Heart.  Based on the available evidence, he should be awarded the Combat Infantryman Badge.

2.  The applicant should also be awarded the Army Good Conduct Medal (First Award) based on the “excellent” conduct and efficiency ratings he received while he was in the Army.  There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal.

3.  He is also authorized the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  In view of the foregoing, the applicant's records should be corrected as recommended below.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Awarding him the Combat Infantryman Badge based on his actions on 30 March 1969.

	b.  Awarding him the Army Good Conduct Medal (First Award) for the period 26 February 1968 through 24 July 1969.

	c.  Amending his DD Form 214 to add the following awards:

* Combat Infantryman Badge
* Army Good Conduct Medal (First Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation





* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* two bronze service stars to be affixed to his already-awarded Vietnam Service Medal




      _______ _   __X_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20130010398





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ABCMR Record of Proceedings (cont)                                         AR20130010398



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